ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04632-2

XXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His DD Form 214, Report of Separation from Active Duty, dated 7 Jan 75, reflect the Air Force Outstanding Unit Award with Valor (AFOUA w/Valor).

RESUME OF THE CASE

The applicant is a former Air Force senior airman (E-4), who was honorably discharged on 2 Feb 87.  The applicant’s record includes a DD Form 214-3, Report of Separation from Active Duty, effective 7 Jan 75, which indicates “Yes (Thailand 45 days)” in Block 19, Indochina or Korea Service Since August 3, 1964.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C. 

On 16 Oct 17 the applicant submitted DD Form 149, Application for Correction of Military Record,  requesting consideration of the AFOUA w/Valor and that his DD Form 214, dated 7 Jan 75, be corrected to reflect foreign service time for Thailand.

On 28 Dec 18, the Board staff notified the applicant his request for AFOUA w/VALOR was forwarded to the Air Force Personnel Center (AFPC) for review and/or corrective action and the Board would not considered this portion of his request. 

On 28 Feb 19, the Board concluded that the applicant is not the victim of an error or injustice and noted that the applicant’s DD Form 214 confirmed the applicant’s service in Thailand so it did not require correction. 

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit G.

On 27 Sep 21, the Board received an AFPC/DP3SP advisory opinion.  They were able to provide administrative relief and verified award of the AFOUA with one Bronze Oak Leaf Cluster.  In view of the applicant’s original contention and concerns expressed in his 16 Oct 17 application, the AFBCMR staff reopened the applicant’s case in order for the Board to consider the award of the AFOUA w/VALOR.

AIR FORCE EVALUATION

AFPC/DP3SP recommends denying award of the AFOUA w/Valor.   According to Air Force Manual (AFMAN) 36-2806, Awards and Memorialization Program, the Air Force Outstanding Unit Award was established by the Secretary of the Air Force on 6 Jan 54, to recognize numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units. The Air Force Outstanding Unit Award may also be awarded for achievements of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force. The Air Force Outstanding Unit Award is awarded to numbered units such as air forces, air divisions, wings, groups, squadrons, provisional units, and medical facilities (i.e. hospitals, clinics, medical centers (numbered or unnumbered)). Detachments, operating locations, training sites, and Air Force elements are often included in the parent unit’s award; however, they may be considered on their own merit or identified by the parent unit to share in the award, but not both.

The “V” device is worn to denote individual valor in combat against an enemy of the U.S. Eligibility for the “V” device for a contingency deployment operation is dependent upon the area being declared a hostile environment by the Chairman, Joint Chiefs of Staff, or hostile acts identified by the unified commander or higher authority. The “V” device may be awarded for a single event, such as a terrorist act, isolated combat-type incident, etc. The device is not awarded for normal peacetime achievements or service.  After a thorough review of the applicant’s official military records they were not able to verify the applicant’s eligibility for the AFOUA w/Valor.  To grant relief would be contrary to the criteria established by AFMAN 36-2806.

Notwithstanding the above, they were able to verify and provide administrative relief for the AFOUA with one Bronze Oak Leaf Cluster.  Accordingly, the applicant’s record will be administratively corrected.

The complete advisory opinion is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 Oct 21 for comment (Exhibit I), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was untimely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board is unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP3SP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement. Therefore, other than the administrative correction that will be made to the applicant’s record, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-04632-2 in Executive Session on 17 Feb 22:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit G:	Record of Proceedings, w/ Exhibits A-F, dated 28 Feb 19.
Exhibit H:	Advisory opinion, AFPC/DP3SP, dated 27 Sep 21. 
Exhibit I:	Notification of advisory, SAF/MRBC to applicant, dated 22 Oct 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.